[Adopted 12-20-1976 by Ord. No. 35-76]
This Article shall take effect on January 1,
1977, or upon the effective date of the State Uniform Construction
Code.
This Article regulates and controls the location,
equipment, contractors, registration and special features related
to buildings or structures and lands located within the City of Hackensack.
The following setback requirements shall apply:
A.
No fixed or permanent awning, canopy, marquee, awning
box or roof shall project more than 14 inches beyond any property
line abutting a public street.
B.
No fixed or permanent awning, canopy, marquee, awning
box or roof shall have a clearance of less than eight feet when projecting
forward of the setback line measured from the top of the sidewalk
to the lowest level of the projection.
The following locations for signs and fences
are established:
A.
Signs.
(1)
No ground sign shall be set nearer to the street lot
line than the established building line, except that on corner property,
no ground sign can be placed within 15 feet behind both street lines.
(2)
No roof sign of any type shall be permitted on any
building or structure.
(a)
All existing roof signs shall be removed in
their entirety, including all supports, within 10 years of the date
of the original ordinance which was adopted April 20, 1970.[1] This shall include all brackets and supports.
[1]
Editor's Note: The ordinance referred to is
Ord. No. 968 which adopted by reference the BOCA Basic Building Code
and several amendments to said code. See Ch. 70 Editor's Note.
(b)
No projecting sign shall project over any street
or public place or forward of any established setback line, except
that a flat sign may project a maximum of one foot.
(c)
Any existing projecting sign which overhangs
a public street, public place or forward of any established setback
line shall be removed within 10 years of the date of the original
ordinance which was adopted April 20, 1970.[2] This shall include all brackets and supports.
[2]
Editor's Note: The ordinance referred to is
Ord. No. 968 which adopted by reference the BOCA Basic Building Code
and several amendments to said code.
(d)
Freestanding pole signs or pylons shall conform
to the requirements as set forth for projecting signs.
(3)
Removal of temporary signs, construction signs and
special displays.
(a)
Signs of this type shall be removed within 15
days after the conclusion of the event that said sign advertises.
Signs not removed by those who erected same shall then become the
responsibility of the owner of the building or premises to remove
the signs upon 10 days' notice from the Construction Official.
(b)
Where the owner of a sign vacates the premises
upon which the sign is erected, said sign must be removed at the time
of vacating the establishment. If the owner of said sign does not
remove the sign, the owner of the building or property shall then
be responsible for the removal of said sign upon 10 days' notice by
the Construction Official.
(4)
Height of projecting signs.
(a)
No such sign shall exceed the height of the
parapet or the building upon which said sign is to be erected, except
that on on-story structures the height of said sign shall not exceed
15 feet.
(b)
Maximum projection on private property. No such
sign shall project from the building or pole more than six feet.
(5)
Beacon. No beacon or rotating or animated sign shall
be permitted in any location in the City of Hackensack.
(6)
A-frame-type signs. One portable A-frame-type sign
approximately three feet by three feet shall be permitted for each
100 feet of frontage. Those properties having more than 100 feet of
frontage shall be permitted a maximum of two such signs. All signs
or parts thereof and structures supporting the same or parts thereof
shall be within the owner's property line and at no time project into
or over the public right-of-way.
B.
Fences.
[Amended 9-5-1978 by Ord. No. 39-78; 12-20-2004 by Ord. No.
22-2004]
(1)
No fence or other man-made enclosure shall exceed
four feet in height at any point, as measured from existing ground
levels. In the case of commercial property that abuts a residential
property, no fence or other man-made enclosure shall exceed seven
feet in height except along the property line common to the residence,
where the six-foot limit shall apply.
(2)
No fence coming within 15 feet of a corner at two
intersecting streets shall exceed four feet in height, nor shall such
fence be solid-surfaced.
(3)
No fence or enclosure shall exceed the height of four
feet on any portion of the front setback, as measured by a line extending
from the front face of the prime structure to each side property line.
Any property in question that borders on two streets, commonly known
as a "corner property," shall also have the restriction of four feet
as to the front yard setback, and, in addition, such restriction shall
be applied to the street side setback up to a line extending from
the rear face of the prime structure to the street side property line.
(4)
No fence or other enclosure shall be erected closer
than 10 feet to the curbline of the property.
(5)
All fences shall be installed or erected as close
to the ground as possible. The total height of the fence may exceed
six feet where otherwise permissible to conform to existing ground
heights; provided, however, that 80% of the fence does not exceed
the maximum height of six feet. Decorative-type structural posts may
extend no more than six feet above the top of the fence.
(6)
Fences must be constructed with the face or finished
side away from the property and the structural side toward the interior
of the property.
(7)
Fences or other man-made enclosures shall be installed
no closer than three inches to the property line. Living fences or
screens shall be planted no closer than 12 inches to the property
line. These provisions can be amended by the application submitted
and agreement by both adjoining property owners to construct the fence,
man-made or living, closer to or upon the common property line.
(8)
Fences shall be erected in a manner so as to permit
the flow of natural drainage and shall not cause surface water to
be dammed so as to create ponding.
(9)
Fences or other enclosures shall be maintained in
such a manner as to assure the structural integrity of the fence,
to prevent all or portions of the fence from encroaching over the
property line of adjoining owners, and shall be further maintained
so as to prohibit an unsightly appearance to adjoining property owners.
"Unsightly appearance" shall include the following:
(a)
Living fences that are not neatly trimmed so
as to prevent leaves, branches or trunks from extending beyond the
height limitations imposed under this chapter.
(b)
Living fences that are not neatly trimmed so
as to prevent leaves, branches or trunks from growing beyond the property
line over to the adjoining properties.
(c)
Painted fences or other enclosures whereon paint
has chipped or peeled from more than 25% of the surface area of the
fence.
(d)
Fence posts which have become loosened or which
were installed in such a manner as to be leaning more than 15°
from the fence line.
(e)
In the case of picket fences, where more than
10% of the picket fences have fallen, been removed or rotted in any
given ten-linear-foot section of such fence.
(f)
In the case of slatted or other solid-wall fences,
where more than 10% of the surface of the fence has been removed,
fallen or rotted in any given ten-linear-foot section of such fence.
(10)
The following fences and fence materials are
specifically prohibited; barbed wire, chicken wire, pointed iron slats
or pickets, canvas, cloth, fiberglass, poultry netting, electrically
charged fences, temporary fences such as snow fences, except where
necessary for active construction, and collapsible fences, except
during active construction.
(11)
No fence shall be erected in such a manner so
as to interfere with the public right-of-way or interfere with the
visibility of vehicular and pedestrian traffic proceeding along any
public right-of-way.
(12)
Masonry walls or enclosures shall not exceed
four feet in height along any property line.
(13)
In the case of commercial property that abuts
residential property, if cyclone fence construction is used along
the common property line, the fence shall also include privacy inserts
therein.
(14)
In business and manufacturing zoning districts
cyclone-type fences surrounding nonresidential property may be erected
to a height of seven feet on all property lines.
(15)
In all commercial districts, fences other than
solid-surface fences may be erected up to 14 feet in height when surrounding
or upon lands of governmental facilities and buildings, public parks
and playgrounds and public or parochial schools, including their accessory
uses.
No open fire escapes or fire stairs shall be
erected on a wall of any structure when said wall fronts on a public
street.
A.
Security gates.
(1)
Folding gates and screens or movable tracked doors
and similar nighttime guards on store fronts or other nonresidential
buildings, for purposes of night security, are prohibited.
(2)
Existing folding gates and screens or movable track doors and similar nighttime guards as referred to in Subsection A(1) above must be removed within one year from the date of the original ordinance which was adopted April 20, 1970.[1]
[1]
Editor's Note: The ordinance referred to is
Ord. No. 968 which adopted by reference the BOCA Basic Building Code
and several amendments to said code.
B.
Lights.
(1)
A red protected light operating 24 hours a day and
placed above either or both the sprinkler or standpipe siamese connection
is required.
(2)
The above-type light shall be a minimum of five feet
above grade; and when located over a siamese connection which is more
than 15 feet behind the property line, both the required light and
the siamese must be of the pedestal type.
(3)
All buildings, structures and towers or similar-type
construction are to be equipped with an aircraft warning beacon at
their highest point when the overall height of said building, structure
or tower exceeds 100 feet.
(4)
Aircraft warning beacons can be required by the Construction
Official for a building, structure or tower under 100 feet, at his
discretion, based upon terrain conditions or location of building,
structure or tower.
A.
Who must register.
(1)
Every person, firm or corporation engaged in the business
of constructing, erecting, altering, repairing, restoring, reroofing,
re-siding, moving or demolishing the whole or any part of structures
or the appurtenances thereto, or erecting or altering signs, within
the City of Hackensack, shall be required, before undertaking the
construction, erection, alteration, addition, repair, restoration,
reroofing, re-siding, moving or demolition of any structure or sign
for which a permit is required by this Article, to register the name
of such person or firm or corporation with the Division of Building
Inspection, Department of Community Affairs.
(2)
The owner or occupant of a structure applying for
a permit required by this Article shall not be required to register,
provided that he intends to do and supervise his own work.
B.
Application for registration. Application for the registration of contractors shall be submitted to the Construction Official upon appropriate forms supplied by him and shall include, in addition to any information he may deem necessary, a statement giving the name of the corporate or firm name of the contractor and, in case of a firm or corporation or partnership, the name and address of the principal officer or member of said firm, corporation or partnership. The application shall also contain the number of years the person, firm or corporation has been in business or in existence at the current location or any prior locations, including the address of such prior locations, if any. The applicant shall state in which class he desires to be registered, choosing one or more of the classes designated in Subsection C of this section.
C.
Classes of registration. For the purpose of this section,
there shall be the following classes of registration:
(1)
General contractor: a contractor who is proficient
in the construction of a structure from start to finish and in the
alteration, addition to or repair of any structure. The contractor
shall be equipped to handle such work either by and through his own
organization or by appropriate subcontractors and, in the latter event,
must be completely responsible for his subcontractors' work.
(2)
Contractor: a contractor who is proficient in the
construction of a structure from start to finish and in the alteration,
addition to or repair of any structure. The contractor shall be equipped
to handle such work by and through his own work or his own organization
or employees.
(3)
Roofing and siding contractor: a contractor who is
proficient in the applying of roofing and siding materials to existing
or new structures.
(4)
Demolition contractor: a contractor who is proficient
in the demolishing of any structure, in whole or in part.
(5)
Moving contractor: a contractor who is proficient
in the moving of any structure.
(6)
Sign or billboard contractor: a contractor who is
proficient in the erection, alteration or maintenance of signs or
billboards.
(7)
Miscellaneous contractor: a contractor who is proficient
in work of a special character as determined by the Construction Official.
D.
Revocation of registration.
(1)
If any person, firm or corporation registered under
the provisions of this section shall fail, in the execution of any
work for which a permit is required by this code, to comply with the
provisions of this code relevant to the construction, erection, alteration,
repair, restoration, re-siding, reroofing, moving or demolition of
any structure or sign or part thereof, the Construction Official shall
cause a notice of violation to be served upon such person or the principal
member or officer of any such firm or corporation in accordance with
this code.
(2)
Upon conviction for such violation and in addition
to the penalties prescribed herein, the registration of such person,
firm or corporation shall be revoked by the Construction Official,
who shall strike the name of such person, firm or corporation from
the registration list and shall not reenter or reinstate such registration
during such time as the said violation exists or remains. Upon revocation,
the Construction Official shall forthwith cause notice of revocation
to be published in a newspaper circulating in the city.
E.
Reregistration after revocation. Any person, firm
or corporation whose registration has been revoked under the provisions
of this section may register and have his or its name reentered on
the registration list upon filing with the Department of Community
Affairs a certificate signed by the Construction Official to the effect
that all violations with reference to which conviction was secured
have been corrected or are nonexistent and upon the payment of the
fee prescribed by this code.
A.
Application for appeal. The owner of a building or
any structure or any other person may appeal from a decision of the
Construction Official refusing to grant a modification to the provisions
of this code covering the manner of construction or materials to be
used in the erection, alteration or repair of a building or structure
to the Board of Appeals. Application for appeal may be made when it
is claimed that the true intent of this code or the rules legally
adopted thereunder have been incorrectly interpreted, the provisions
of this code do not fully apply or an equally good or better form
of construction can be used.
B.
Hearing. At hearings, the appellant, his representative,
the official of the municipality and any other person whose interests
may be affected by the matter on appeal shall be given an opportunity
to be heard.
C.
Membership of Board. The Board of Appeals shall consist
of five members of the City Council of the City of Hackensack.
D.
Chairman of the Board. The Chairman of the Board shall
be the Mayor of the City of Hackensack.
This Article and all of its provisions shall
be enforced by the Department of Community Affairs, Division of Building
Inspection.
Any person who shall violate a provision of
the Basic Code or shall fail to comply with any of the requirements
thereof, or who shall erect, construct, alter or repair a building
or structure in violation of an approved plan or directive of the
Construction Official or a permit or certificate issued under the
provisions of the Basic Code, shall, upon conviction, be subject to
a fine of not less than $25 nor more than $500 or imprisonment for
a term not to exceed 90 days, or both, at the discretion of the court.
Each day that a violation continues shall be deemed a separate offense.
